7.4 Dismiss Protest Petition of Charter Ordinance 39CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/16/2016 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 7
City Manager BY:
ITEM FINAL APPROVAL:
NO: 4
Page 1 BY: BY:
ITEM:
A RESOLUTION MAKING CERTAIN FINDINGS RELATING TO CHARTER ORDINANCE NUMBER
39, THE CHARTER ORDINANCE PROTEST PETITION, AND THE COUNTY ELECTION
OFFICER'S DETERMINATION REGARDING THE NUMBER OF SIGNATURES ATTACHED TO
THE CHARTER ORDINANCE PROTEST PETITION; AND DIRECTING THE CITY'S LEGAL
COUNSEL TO DISMISS, WITHOUT PREJUDICE, THE CITY'S PETITION CHALLENGING THE
VALIDITY OF THE PROTEST PETITION IN SALINE COUNTY DISTRICT COURT CASE NO. 16 -
CV -130.
BACKGROUND:
The Governing Body adopted Charter Ordinance 39 on February 16, 2016. Charter Ordinance No. 39
was published in The Salina Journal on February 19, 2016 and February 26, 2016. The approval
process for a charter ordinance under Article 12, Section 5 of the Kansas Constitution provides for an
election if a valid protest petition is filed within 60 days of the second publication of the charter
ordinance.
A charter ordinance protest petition relating to Charter Ordinance 38 and Charter Ordinance 39 was
filed in the office of the City Clerk on April 25, 2016 (the "Protest Petition"). On May 4, 2016, the City's
legal counsel prepared and filed in the Saline County District Court an action challenging the validity of
the Protest Petition pursuant to K.S.A. 25-3601(e) as directed by Governing Body by its adoption of
Resolution No. 16-7347 on May 2, 2016.
By letter dated May 6, 2016, the Saline County Election Officer notified the Salina City Clerk that the
Protest Petition failed to include the signatures of a number of electors of the City equal to not less
than ten percent of the number of electors who voted at the last preceding regular City election. A
certified copy of the Saline County Election Officer's letter, dated May 6, 2016, is attached to the
proposed Resolution as Exhibit A.
The proposed Resolution:
1. Acknowledges and accepts the County Election Officer's letter dated May 6, 2016 documenting
the Saline County Election Officer's determination as to the number of valid signatures on the
Protest Petition.
2. Based upon the County Election Officer's determination of the number of the valid signatures on
the Protest Petition, finds the Protest Petition to be legally insufficient to require submission of
Charter Ordinance 39 to a referendum.
3. Determines pursuant to Article 12, Section 5 of the Kansas Constitution that Charter Ordinance
No. 39 took effect April 27, 2016 and does not require submission to a referendum.
4. Directs the City's legal counsel to dismiss, without prejudice, the City's petition challenging the
validity of the Protest Petition in Saline County District Court Case No. 16 -CV -130.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
05/17/2016 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 7
City Manager BY:
ITEM FINAL APPROVAL:
NO: 4
Page 2 BY: BY:
COMMISSION ACTION:
The governing body may choose to either enact proposed Resolution No. 16-7351 or otherwise direct
the City's legal counsel.
Me
Donald R. Merriman -County Clark P.O. Box 5040
Phone: (785) 309-5820 300 West Ash
FAX: (765) 309.5826 Salina, Kansas 67402-5040
E-mail: don.merdman0saline.org
www.saline.org
Friday, May 6, 2016
Shandi Wicks, Salina City Clerk
300 W Ash St, Room 206
Salina, KS 67401
RE: Petition City of Salina Charter Ordinance 39
Dear Shandi Wicks:
Pursuant to Kansas Statute K.S.A. 25-3601 and Kansas Constitution Article 12 Chapter 5c3, as Saline
County Election Officer, my office has reviewed the petition concerning Charter Ordinance 39.
The required number of signatures needed to submit the matter to a vote is 518. Of the signatures
submitted, we were able to verify 332. In reviewing the petition, we have found 2 pages refer to Charter
Ordinance 38 which included 8 signatures in which those 8 were duplicated on other pages so were
already verified. Additionally 175 signatures are on pages in which the circulators, Ray Hruska and Paul
Hemmy, did not include their residence address as required by statute. The above referenced signatures
have been disregarded.
For informational purposes only, if no signatures were disregarded, there would be 507 which falls short
of the 518 signatures required.
Therefore, the petition circulators have failed to obtain the required number of signatures.
Sincerely,
►��
Donald R. Merriman
Saline County Election Officer
1 herebv certify that the above and foreuoins is a true
and correct copy of the letter retarding Petition City
of Salina Charter Ordinance 39 received on
Friday. \lav 6. 2016.
r.l,�IP&
Wl1L1V
Slrmdi ticks.
Citv Clerk
RESOLUTION NUMBER 16-731
A RESOLUTION MAKING CERTAIN FINDINGS RELATING TO CHARTER
ORDINANCE NUMBER 39, THE CHARTER ORDINANCE PROTEST PETITION, AND
THE COUNTY ELECTION OFFICER'S DETERMINATION REGARDING THE NUMBER
OF SIGNATURES ATTACHED TO THE CHARTER ORDINANCE PROTEST PETITION;
AND DIRECTING THE CITY'S LEGAL COUNSEL TO DISMISS, WITHOUT
PREJUDICE, THE CITY'S PETITION CHALLENGING THE VALIDITY OF THE
PROTEST PETITION IN SALINE COUNTY DISTRICT COURT CASE NO. 16 -CV -130.
WHEREAS, the Governing Body of the City of Salina. Kansas adopted on first reading
February 1. 2016 and second reading February 16, 2016. by the required two-thirds majority, Charter
Ordinance No. 39, a charter ordinance exempting the City of Salina. Kanas from the provisions of
K.S.A. 13-1024a and providing substitute and additional provisions on the same subject relating to
general improvements and the issuance of bonds for the purpose of paying for the improvements, and
repealing Charter Ordinance No. 38; and
WHEREAS, Charter Ordinance No. 39 was published in The Salina Journal on February 19.
2016 and February 26. 2016: and
WHEREAS, a charter ordinance protest petition relating to Charter Ordinance 38 and Charter
Ordinance 39 was filed in the office of the City Clerk on April 25, 2016 (the "Protest Petition"); and
WHEREAS, on May 4, 2016. the City's legal counsel prepared and filed in the Saline County
District Court an action challenging the validity of the Protest Petition pursuant to K.S.A. 25-3601(e)
as directed by Governing Body by its adoption of Resolution No.] 6-7J47 on May 2, 2016; and
WHEREAS, by letter dated May 6, 2016. the Saline County Election Officer notified the
Salina City Clerk that the Protest Petition failed to include the signatures of a number of electors of
the City equal to not less than ten percent of the number of electors who voted at the last preceding
regular City election. A true, correct and certified copy of the Saline County Election Officer's
letter. dated May 6. 2016. is attached hereto as Exhibit A; SO NON, THEREFORE,
BE IT RESOLVED by the Governing Body of the City of Salina. Kansas:
Section 1. The City Clerk's receipt of the County Election Officers letter dated May 6. 2016
documenting the Saline County Election Officer's determination as to the number of valid signatures
on the Protest Petition is acknowledged and the letter is accepted.
Section 2. Based upon the County Election Officer's determination of the number of the
valid signatures on the Protest Petition. the Protest Petition is found to be legally insufficient to
require submission of Charter Ordinance 39 to a referendum.
Section 3. The Governing Body therefore determines pursuant to Article 12, Section 5 of the
Kansas Constitution that Charter Ordinance No. 39 took effect April 27, 2016 and does not require
submission to a referendum.
Section 4. The City's legal counsel is directed to dismiss, without prejudice, the City's
petition challenging the validity of the Protest Petition in Saline County District Court Case No. 16-
Cv-130.
Section 5. This resolution shall be in full force and effect from and after its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this 16th day of May. 2016.
Kaye J. Crawford. Mayor
(SEAL)
ATTEST:
Shandi wicks. CMC. City Clerk